Talmud Bavli
Talmud Bavli

Reference for Bava Metzia 4:3

מקח וממכר ולחזי זוזי ממאן נקט לא צריכא דנקט מתרוייהו מחד מדעתיה ומחד בע"כ ולא ידענא מי הוא מדעתיה ומי הוא בעל כורחיה

it might be assumed that no oath was to be imposed. On the other hand, had the Tanna dealt solely with a case of buying and selling, it might be assumed that only in such a case would the Rabbis impose an oath, because each disputant might permit himself [to claim the garment] by saying to himself, 'My neighbour has paid the price and I am prepared to pay the price; seeing that I need it I shall take it, and let my neighbour take the trouble to go and buy another garment.' But in the case of a found article, where this argument does not apply, it might be assumed that no oath was to be imposed; therefore both cases are necessary.

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